Friday, November 1, 2013

November 1, 2013 (Lead Story)

Piera Cascante Victor Hugo

A
42-year-old German was yesterday arraigned before the Financial
Division of the Fast Track High Court for attempting to smuggle $650,000
out of the country.

Piera Cascante Victor Hugo, the accused, was arrested at the Kotoka
International Airport by officials of the Narcotics Control Board
(NACOB) on April 29, 2013 while undergoing departure formalities en
route to Bolivia.

He allegedly concealed the money, together with
other currencies, in wallets, pockets of items of clothing and secret
compartments in five travelling bags.

Hugo pleaded not guilty to
four counts of attempted exportation of currency without licence issued
by the Bank of Ghana, concealment of currency, contrary to Section 269
of the Customs, Excise and Preventive Service (Management) Act, PNDCL
330, smuggling of currency and money laundering.

Twist in events

There
was an interesting twist to events at the court’s sitting when Hugo’s
lawyers informed the court that the accused person could not fully
comprehend the evidence being led by an officer of NACOB and for that
reason he needed the services of a Spanish interpreter.

One of
the lawyers, Dr Kwaku Nsiah, disclosed the accused person’s request
after an official of NACOB had led evidence in English for almost an
hour.

Although the presiding judge, Mrs Justice Afia Serwaa
Asare-Botwe, had said the witness had told the court earlier that he
comprehended German, Italian, Spanish and English, the court would
oblige his request and demand for an interpreter.

The trial
judge, accordingly, directed the registrar of the court to procure the
services of an interpreter for the next hearing, slated for November 13,
2013.

Meanwhile, a bail application moved on behalf of the accused person by his lawyers was refused by the court.

The
court, however, granted permission to Hugo to seek medical care at the
Korle-Bu Teaching Hospital after his lawyers had informed the court that
he had a cardio problem.

First witness

Earlier, a
narcotics analyst, Mr Ishmael Amon-Kortei, had told the court that he
was on duty at the last security checkpoint at the KIA on April 29, 2013
when the accused person approached his desk with five hand luggages for
inspection.

Led in evidence by Mr Matthew Amponsah, a Chief
State Attorney, Mr Amon-Kortei said a lady was in Hugo’s company when
the search in his bags was conducted.

During the search, it emerged that Hugo had concealed the money in secret compartments in the bags, wallets and clothes.

Due
to Hugo’s claim of having difficulty in appreciating the full import of
the prosecution’s evidence in English, the court has since expunged the
evidence so far led from its records.

Consequently, Mr Amon-Kortei is expected to start his evidence-in-chief afresh on the next adjourned date.

Thursday, October 31, 2013

The
Court of Appeal has dismissed an application by the Agricultural
Development Bank (ADB) to stay execution of a judgement debt awarded
against it in favour of one of its former managing directors.
On July 31, 2013, the Accra Fast Track High Court ordered the bank
to pay GH¢400,000, being entitlements, to its former Managing Director,
Mr Yaw Opoku Atuahene.

It also directed that the amount must
include interest from July 2009 when the plaintiff’s appointment was
wrongfully terminated by the bank.

But the bank appealed against
the High Court’s decision and, consequently, filed an application for
stay of execution on the ground that its appeal had the likelihood of
success, in which case it would suffer irreparable loss should it pay
the amount before the final determination of the appeal.

No grounds for stay

Unanimously
dismissing the application, Justices F. Kusi-Appiah, F. Korbieh and
Senyo Dzamefe were of the considered view that after carefully studying
the arguments of parties in the case, the court “finds no exceptional
circumstance to warrant the grant of stay of execution”.

The
court was of the view that the bank had failed to canvass any serious
point of law sufficient for a grant of stay of execution.

Costs of GH¢1,000 were awarded against the ADB in favour of Mr Atuahene.

ADB’s argument

Counsel
for the ADB, Mr Stanley Amarteyfio, had informed the court that the
payment of the judgement debt to Mr Atuahene would render the bank’s
appeal a nugatory in the event it succeeded eventually.

That,
according to him, would cause irreparable damage to the bank, especially
when Mr Atuahene was currently unemployed and, therefore, not in a
position to refund the money.

In the alternative, the bank urged
the court to direct it to pay the judgement debt into the court’s
coffers until the final determination of the appeal.

Response

Holding
a different view, counsel for the former managing director, Mr Godfred
Yeboah Dame, prayed the court to dismiss the bank’s application on the
grounds that its request to the court to allow it to pay the money into
the court’s chest was a subtle attempt to ensure that Mr Atuahene did
not enjoy the judgement debt due him.

He indicated that the
bank’s position exposed the bad faith on its part because his client had
rendered many years of meritorious service to many banks, including the
ADB, across the country and was currently running his own business.

Background

The
plaintiff was the managing director of the ADB until July 23, 2009 when
his employment was terminated with effect from July 31, 2009 with the
constitution of a new board after the change of government.

The
plaintiff had argued that consequent to the termination of his
employment, various pecuniary obligations owed him by the bank had not
been discharged.

After persistent but unheeded demands for the
satisfaction of same, he issued a writ of summons at the Fast Track
Division of the High Court on May 21, 2010.

Judgement Debt Commissioner, Justice Yaw ApauThe
mystery surrounding the sale of the drill ship belonging to the Ghana
National Petroleum Company (GNPC) and the disbursement of the money from
that sale has deepened, as the Bank of Ghana (BoG) cannot tell whether
or not an account into which the money is said to have been paid exists.
A manager at the Treasury Department of the BoG, Mr Paul Kwadwo
Djan, told the Judgement Debt Commission at its sitting in Accra
yesterday that the bank was making efforts to trace the Ghana
International Bank account number 0001191613.

Appearing before
the commission after his outfit had been subpoenaed to produce documents
and answer questions pertaining to the sale of the drill ship in 2001,
Mr Djan informed the commission that the Treasury Department of the BoG
had made “frantic efforts” to trace documents relating to the account.

He,
accordingly, prayed the commission for time to do “further search” and
additionally indicated that he was aware of a letter signed by a former
Minister of State, Dr Anthony Akoto Osei, requesting for $250,000 to be
transferred into the account.

A letter dated July 30, 2003 and
signed by the former minister was to pay Aquatic Engineering and
Construction Limited for the maintenance of a GNPC vessel in Angola.

However,
the witness told the commission after a question by counsel for the
commission, Mr Dometi Kofi Sokpor, that “we are trying to locate
documents relating to transfers but up till now we have not located any
document”.

“I cannot say for sure if the account exists. As I speak, we have not been able to locate the account number,” Mr Djan added.

Answering
a question from the Chairman of the commission, Mr Justice Yaw Apau, on
who owned the Ghana International Bank, the witness said the bank was
owned by the Government of Ghana

Following from the witness’
request to the commission for more time to locate documents pertaining
to the sale of the drill ship, the commission gave the BoG up to
November 25, 2013 to produce more documents.

Sale of drill ship

The
GNPC is said to have sold its drill ship, the Discoverer 511, in July,
2001, to pay judgement debt awarded in favour of Societe Generale by a
UK court.

But evidence emerging from the Judgement Debt
Commission suggests that the GNPC does not have the transaction records
of the sale ordered by the Ministry of Energy, while the BoG does not
have records of any cash transfer before and after the sale of the drill
ship.

Judgement against Ghana Armed Forces

A Chief
State Attorney, Ms Dorothy Afriyie Ansah, and the Chief Director of the
Ghana Armed Forces (GAF), Mr Emmanuel Nii Yartey Tackie-Yarboi,
appeared before the commission to answer questions pertaining to the
circumstances under which a judgement debt of GH¢26,700 was awarded
against the GAF.

It emerged that a High Court in Sunyani in the
Brong Ahafo Region had awarded judgement of GH¢26,700 in favour of Kwasi
Adjei, Lydia Takyiwaa and Alex Opoku, after a KIA truck being driven by
a soldier caused injury to the three.

Ms Afriyie said a police
report, which was accepted by the court, presided over by Mr Justice
Francis Amoah, had held that the driver of the military vehicle had been
at fault and, accordingly, awarded compensation.

It, however,
emerged, after questions from the Chairman of the commission that
officials from the Attorney-General’s office stationed in Sunyani did
not defend the matter but rather wrote to the A-G’s office in Accra
requesting for payment for the victims.

Judgement was delivered by the court in favour of the plaintiffs on March 16, 2006.

For
his part, Mr Tackie-Yarboi, accompanied by Colonel Edward Fiawuo, who
is stationed at the Judge Advocate General’s Office, told the commission
that a board of enquiry was set up to investigate the accident and it
emerged that both drivers had been at fault.

He said it was
recommended that compensation be paid to the victims of the accident but
indicated that his outfit had not been aware of any court order
directing the Ministry of Defence to pay the victims.

Mr Justice
Apau, a Court of Appeal judge, commended the military for being
meticulous in setting up a board of enquiry to investigate the matter.

Withholding tax for $2.5 million not paid

Another
revelation at the commission was the non-payment of withholding tax for
the award and payment of $2.5 million to New World Investment (NWI), a
private company.

The Director in charge of External Resource
Mobilisation at the Ministry of Finance and Economic Planning (MoFEP),
Mr Kwadwo Awuah Peasah, told the commission that the withholding tax on
the amount paid to the company had not been deducted following an
explanation from his colleague on the issue.

Responding to Mr
Peasah’s statement, Mr Justice Apau said the explanation from Mr
Peasah’s colleague on the issue of the deduction was not sound.

Giving
a brief background to the transaction, Mr Justice Apau said NWI had
loaned GH¢1 million to the Ghana National Procurement Agency (GNPA), out
of which GH¢550,000 had been paid, leaving a balance of GHC450,000.

However,
the balance shot up to $2.5 million within a couple of years and after a
number of questions from the commission, Mr Peasah said NWI was
expected to pay the withholding tax and further disclosed that MoFEP
had, since February, 2011, been deducting withholding taxes on such
transactions.

He said the commission would find out from the Ghana Revenue Authority (GRA) what could be done to retrieve the withholding tax.

Documents on spare parts not located

Another
witness to appear before the commission was the Director of the
Internal Audit Unit of the Ministry of Water Resources, Works and
Housing, Mr Eric Osei Afriyie, who told the commission that efforts to
retrieve documents covering the supply of spare parts to the ministry in
1997, had not been successful.

According to him, the ministry
had managed to contact some retired staff who had worked on those
documents to enable him and his team to locate files on the transaction.

Mr
Sokpor suggested to the witness that his outfit’s record-keeping system
was faulty, to which Mr Afriyie answered, “We need a proper name and
file number to get the documents.”

Mr Afriyie was given up to November 25, 2013 to retrieve the said records.

October 28, 2013 (Page 47)

A sectional view of the Nkrumah Ward of the Pediatric Ward of the 37 Military Hospital in Accra.Children
do not ask to be born. It is, therefore, very disturbing to find a
child struggling to survive because the needed medical equipment to save
that child is not available.

Imagine a premature newborn struggling to survive under improvised
medical care because there is no neo-natal ventilator. Also imagine
asthmatic children waiting in a queue to receive treatment from a single
nebuliser, with their apprehensive parents watching on in ‘agony.’

These
are conditions prevailing in some major health facilities across the
country. Some of the facilities do not have these equipment at all.

Having
an ailing child is always stressful, and it can be very depressing to
find health care professionals render professional services under poor
conditions.

A neo-natal ventilator is any machine designed to
mechanically move breatheable air into and out of the lungs to provide
the mechanism of breathing for a child who is physically unable to
breathe, or has breathing insufficiency. Medical ventilators were
introduced in the 1960s and they became one of the major new
interventions in neonatology which provide life-saving support for
infants with respiratory failure.

After 56 years of independence,
many hospitals in Ghana lack modern medical equipment to cater for the
increasing health needs of patients, including children who are
considered as the future of all nations. As of today, none of the public
hospitals in the country have neo-natal ventilators said Col (Dr) P. K.
Ayibor, Officer-in-charge of the Child Health Department of the 37
Military Hospital.

“We normally try another machine called CPAP
mainly for oxygenation. The neo-natal ventilator is for both oxygenation
and ventilation of neonates with respiratory failure. If it works,
fine. Otherwise, the obvious happens,” Col Ayibor said.

Nkrumah Ward needs neo-natal ventilator

Nkrumah
Ward, formerly known as Ward Nine, was established in 1956 to admit and
provide care for the wards of military and civilian employees. Later in
the 1980s, the facility was opened to the general public and has
remained so to date.

Most wards at the 37 Military Hospital have
been adopted by companies. For instance, the Emergency and Trauma Unit
of the hospital is being sponsored by UT Holdings, while the Paediatrics
Emergency and Simango Wards have been adopted by Magna Transport and
Soniag Companies respectively.

However, the Nkrumah Ward which
admits an average of 120 children on a monthly basis, does not have any
sponsor. Nurses, doctors and supporting staff brave the storm and
improvise with limited medical facilities to save the lives of ailing
children on a daily basis.

A visit to the Nkrumah Ward brought a
lot to bear. It was observed that the facility needed an urgent
facelift. Most of the mosquito netting for special cubicles created for
patients are torn, thereby, exposing the patients to mosquito bites, tap
water hardly flows, while there is only one nebulizer for children who
need urgent oxygen due to bronchitis and asthmatic attacks.The inner view of the Nkrumah Ward. Area circled shows the torn mosquito net of one of the cubicles.

Paintings
of favourite cartoons for children have worn off, amidst fading walls.
The special room allocated for doctors and nurses to draw blood samples
from children need to be upgraded and provided with new beds, new sheets
and disposal beddings, while some of the cots for children need to be
replaced.

“We as of urgency need a neo-natal ventilator to save newborns,” said Col (Dr) Ayibor in an interview with the Daily Graphic.

He
said the Prudential Bank assisted in renovating the Neonatal Intensive
Care Unit (NICU) and as a result, the NICU can admit more patients into
the intensive care unit, and indicated that during strike actions in
government hospitals, there was an instance where as many as 120
children were admitted into the NICU facility which originally catered
for between 25 and 30 children.

Making a passionate appeal for
the Nkrumah Ward, Col Ayibor explained that the estimate for the
renovation of the Ward is $90,000. The renovation works, when carried
out, would facilitate the admission of more children.

Companies must come to the aid of Nkrumah Ward

The
children’s ward and other departments of the 37 Military Hospital are
the only facilities that admit patients during national strike actions
by doctors.

That clearly indicates the immense contribution the
hospital is rendering to the general public, and it would, therefore, be
welcoming for individuals and or companies- be they in the transport,
oil and gas and or the financial sectors- to pool resources and assist
the Nkrumah Ward.

The assistance could be in the replacing of old
medical equipment, renovating the main building, painting the inner and
outer perimeters of the wards, provision of poly tanks and sponsorship
for the training of medical staff to render more effective services to
patients on admission.

Huge amounts of money are doled out to
sponsor beauty pageants and entertainment activities. What could,
therefore, be worth more than parting with a little amount of money to
support a worthy cause like assisting a medical facility to provide
quality healthcare for the future generation of this country? Indeed let
us save the lives of the future generation!

THE Accra Fast Track High Court yesterday ordered the man at the
centre of the shipment and disappearance of 77 parcels of cocaine worth
$138.6 million to open his defence.

Christian Sheriff Asem
Darkei, alias The Limping Man, who is alleged to have played a major
role in the shipment 2,310 kilogrammes of cocaine in April 2006, is
expected to open his defence on November 7, 2013.

The Limping manDismissing
a submission of ‘no case’ filed on Sheriff’s behalf by his lawyer, the
Presiding Judge, Mr Justice Mustapha Habib Logoh, held that the
prosecution had led enough evidence to warrant Sheriff to open his
defence.

Sheriff, who was picked up on February 2, 2012 after he had been
pursued for years by the security agencies, sat moodily as the presiding
judge read out the court’s decision.

A Chief State Attorney, Mrs
Yvonne Attakorah-Obuobisa, prosecuted the case, which saw 10 witnesses
testifying on behalf of the state.

Sheriff was put before Mr Justice Logoh’s court on May 28, 2012.

The prosecution closed its case on April 23, 2013.

Arrest

Sheriff was arrested by BNI officials at the Korle-Bu Teaching Hospital upon a tip off. He had gone to seek medical treatment.

He has pleaded not guilty to the three counts of conspiracy, importation and exportation of narcotic drugs.

Facts of the case

According
to the prosecution, around midnight on April 26, 2006, a vessel, the MV
Benjamin, reportedly carrying about 77 parcels of cocaine, with each
parcel weighing 30 kilogrammes, docked at Kpone/Tema and discharged the
parcels of cocaine.

It said the 77 parcels were offloaded into a waiting vehicle which carried them away.

In the course of investigations, Sheriff’s name featured prominently as the importer and/or owner of the drug.

He
was said to be the person who had chartered the vessel at a cost of
$150,000 to tow another vessel from Guinea to Ghana and subsequently
carted the alleged 77 parcels.

Ship Owner Jailed

The
disappearance of the cocaine led to the constitution of the Georgina
Wood Committee and the subsequent trial of persons alleged to have
played various roles in the importation.

In July 2008, the Accra
Fast Track High Court, presided over by Mr Justice Anin Yeboah (now a
Supreme Court judge), convicted and sentenced Joseph Kojo Dawson, the
owner of the MV Benjamin and Managing Director of Dashment Company
Limited; Isaac Arhin, a sailor; Phillip Bruce Arhin, a mechanic; Cui
Xian Li, the vessel engineer, and Luo Yui Xing, a sailor, all crew
members of the MV Benjamin, to 25 years in prison each with hard labour.

Bruce Arhin, however, died barely three weeks after his conviction.

The
convicts, including the deceased, were found guilty of charges of using
property for narcotic offences, engaging in prohibited business
relating to narcotics and possession of narcotic drugs without lawful
authority.

A sixth accused person, Pak Bok Sil, a Korean, was, on
Tuesday, October 16, 2007, acquitted and discharged by the court, which
had held, during a ruling on a submission of ‘no case’, that the
prosecution had failed to prove a case against Sil.

•
Six of the participants sitting (from left) are Sir Justice Dennis
Adjei, Mrs Justice Margaret Welbourne, both of the Court of Appeal; Mr
Justice Dotse; Mr Justice Promad Kumar of the Income Tax Appellate Court
of India; Mr Justice Samuel Marful Sau, also of the Court of Appeal,
and Mr Mike Kofi Afflu, President of the Chartered Institute of
Taxation, Ghana

October 10, 2013 (Page 56)

A justice of the Income Tax Appellate
Tribunal of India, Mr Justice Promad Kumar, has commended the Judicial
Service for setting up specialised courts in the country.
Specialised courts currently in operation in the country include the
Commercial, Financial, Land, Labour, Human Rights and Domestic Violence
courts.

The latest addition is the Tax Court, which has been established to cater for tax-related issues.

In
an interview with the Daily Graphic on the sidelines of a two-day
training programme for judges on taxation in Accra, Justice Kumar
described Ghana’s judiciary as pragmatic and among the few judiciaries
in developing countries that had established tax courts.

Workshop

The
training workshop was organised by the Judicial Training Institute
(JTI) in collaboration with the Chartered Institute of Taxation, Ghana
to equip the participants with new skills to efficiently tackle tax
issues in their various courts.

Justice Kumar took the
participants through international tax regimes, shared India’s
experiences with the participants and pointed out the mistakes and
successes of the Indian system.

Topics treated included: Basics
of international taxation; A typical tax treaty and its various clauses;
Introduction to transfer pricing; Pricing concepts and theory, and
Practical real life experiences on tax issues.

Addressing
the opening session of the workshop, a Supreme Court Judge, Mr Justice
Jones Victor M. Dotse, tasked the participants to actively participate
in the training sessions and make the appropriate recommendations if
they found a vacuum in the tax laws of the country.

“We need
revenue to sustain the economy and any reform geared towards raising
more revenue for the country will be welcome,” Justice Dotse stated.

He
advised the participants to form a core group of trainers of trainees
in order to share what they learnt during the training with other
justices.

A Justice of the Court of Appeal, Mrs Justice Margaret
Welbourne, said the workshop provided the opportunity for the justices
to indicate what was expected of tax officers in the country.

“We
will come out with recommendations on reforming some of the regulations
and laws and also hope to build the capacity of judges,” she added.

Tax Court

The
President of the Chartered Institute of Taxation, Ghana, Mr Mike Kofi
Afflu, said the institute mooted the idea of the establishment of
special tax courts and expressed gratitude to the Chief Justice and the
Judicial Service for accepting the idea.

He said with the
discovery of oil and gas in commercial quantities in Ghana, it was
important for the country to brace itself in a way that would prevent
multinational companies from taking advantage of the system to evade
tax.

“We hope to equip judges with skills to assist the tax
courts to be able to properly adjudicate over tax cases for the benefit
of the country,” he said.

For his part, an Assistant Commissioner
of the Ghana Revenue Authority (GRA), Mr Cephas Odartey, said it was
the desire of the GRA to raise more revenue for government programmes
and was hopeful that the training would help to achieve that objective.

A trader has been convicted for biting off the lower lip of his lover who decided to end their abusive relationship.
Kwame Brobbey, according to the prosecution, had been in a
relationship with the victim for the past six months and was noted for
his short temper and series of threats to kill the victim.

Fed up with Brobbey’s constant abuse, the victim, Vida Kyere, also a trader, decided to end the relationship.

Peeved
with his former lover’s decision, Brobbey, on September 9, 2013,
allegedly entered into a fight with Vida and in the process, threatened
to kill her with a knife and a broken bottle.

He has pleaded
guilty to two counts of causing harm and threat of death and, has agreed
to foot the medical bills for the victim to undergo plastic surgery.

The Circuit Court, presided by Ms Wilhemina Hammond, has convicted him and has since deferred his sentence to October 16, 2013.

Prosecution’s case

Prosecuting,
a Deputy Superintendent of Police, Ms Emelia Amponsah, told the court
that the convict co-habited with Vida and usually threatened to kill her
at the least provocation.

Apparently fed up with the abusive relationship, the complainant decided to call it quits but Brobbey did not take kindly to it.

According
to the prosecution, the complainant was at the Kantamanto Market on
September 14, 2013 selling her wares when Brobbey appeared and picked up
a fight with her without any reason.

He bit the complainant’s lower lip in the process and that resulted in her sustaining a serious injury.

The victim subsequently lodged a complaint with the Anyaa Police and was issued with a form to seek medical care.

But
on September 23, 2013, Brobbey went to the complainant’s house
unannounced and in the presence of witnesses, threatened to kill her
with a machete and a broken bottle.

He was subsequently picked up and put before the court after investigations.

October 7, 2013 (Page 16)A
Ghanaian citizen has brought an action in the public interest for the
Supreme Court to declare as unconstitutional, contracts awarded to nine
Spanish companies because those contracts did not receive parliamentary
approval.Mr Moses Ampem said he brought the
action “in the public interest and for the specific public purpose of
promoting and ensuring constitutional, democratic governance and the
supremacy of the rule of law” and was, therefore, urging the court to
order a refund of the 70 million euros received under the said invalid
contracts which were awarded in 2006.
In the alternative, the plaintiff, who filed the suit on October 4,
2013, has implored the court to grant an order requiring the
Attorney-General to take appropriate action to forthwith recover all the
money received by the Spanish companies.
He is, accordingly, invoking the original jurisdiction of the Supreme
Court to declare the said contracts between the Government of Ghana and
the said Spanish companies as not having received the formal approval
of the Parliament of Ghana, in violation of the 1992 Constitution, and
for that reason must be declared “unconstitutional and invalid in law”.
Article 181 (5) demands that international contracts be laid before
Parliament for approval before they are executed, and per the
plaintiff’s arguments, the defendants — Incatema Indemar, Elecnor,
Sucomex, Schwartz-Hautmont Construcciones Metalicas, Makiber Grupo
Dragbdos, Hildrombiente S. A., Schneider Electric (formerly Telvent),
Technove and Ramon Vizcaino, all Spanish companies — must refund all the
money received for the various contracts awarded them.
Also joined to the suit is the Attorney-General.
The Attorney-General has been joined to the suit because the
Attorney-General has been mandated by Article 88 (5) of the 1992
Constitution to institute, conduct all civil cases on behalf of the
state, as well as defend the government in civil actions.
Mr Ampem is praying the court to declare that the contracts between
the government and the Spanish companies were international businesses
or economic transactions within the meaning of Article 181 (5) of the
1992 Constitution which required mandatory parliamentary accent.
Consequently, the plaintiff is requesting for a declaration that the
whole or partial execution or implementation of the said contracts is
unconstitutional and invalid in law.Following formal approval in 2005,
by the Parliament of Ghana of the second Ghana-Spain Financial
Protocol, which is a bilateral project-funding loan agreement, the
government, acting through its various responsible sector ministries,
proceeded in 2006, to award various project-based contracts to several
Spanish companies, including the contracts to the nine Spanish
companies.
The financial protocol, per the plaintiff’s statement of case filed
on his behalf by his solicitors, Baffour-Gyimah and Associates, included
a project contract for:
• The supply of irrigation equipment (solar pumps, sprinkler, etc)
for the sum of eight million euros awarded to Incatema Indemar by the
Ministry of Food and Agriculture (MoFA).
• Solar rural electrification for the sum of five million euros awarded to Elecnor by the Ministry of Energy.
• The supply of medical equipment for the sum of 10 million euros awarded to Sucomex by the Ministry of Health (MoH).
• The supply of steel bridges for the sum of five million euros awarded to Schwartz-Hautmont Construcciones Metalicas.
• Feeder roads machinery supply for the sum of five million euros
awarded to Makiber Grupo Dragbdos by the Ministry of Road Transport.
• The supply of a water treatment plant for the sum of 10 million
euros awarded to Hildrombiente S. A. by the Ministry of Water Resources,
Works and Housing.
• The supply of radio communication network equipment for the Police
Service for the sum of five million euros awarded to Schneider Electric
by the Ministry of the Interior.
• The supply of radio communication network equipment for the
Immigration Service and the Prisons Service for the sum of five million
euros awarded to Technove by the Ministry of the Interior.
• The supply of cold-room facilities for fishermen along the coast
for the sum of seven million euros awarded to Ramon Vizcaino by the
Ministry of Fisheries.
Bringing the action under articles 2 and 130 of the 1992 Constitution
of the Republic of Ghana, Mr Ampem is praying the court to grant his
claims, since all those projects were awarded without parliamentary
approval.
Article 2 (1) A of the 1992 Constitution states that any person who
alleges that (a) an enactment or anything contained in or done under the
authority of that or any other enactment; or (b) any act or omission of
any person that is inconsistent with, or is in contravention of a
provision of this Constitution, may bring an action in the Supreme Court
for a declaration to that effect.
Article 130 basically gives the Supreme Court the exclusive original
jurisdiction to interpret all matters relating to the 1992 Constitution,
as well as whether or not an enactment was made in excess of the powers
conferred on Parliament or any other authority or person by law or
under the Constitution, among others.

The
Chief Justice, Mrs Justice Georgina Theodora Wood, yesterday swore in
183 newly enrolled lawyers to the bar, and advised them against becoming
social commentators.Describing the trend of lawyers
commenting on every issue in the media as regrettable, Justice Wood
said, “Regretfully, it is becoming a trend, and one for which you all
must be warned against courting quick and cheap popularity by becoming
overnight legal experts and commentators on radio and television.”
She stressed that the practice of law in the country, and for that
matter the world over, was an essential service that must be performed
with utmost commitment and dedication.
She asked them not to fix their hopes on immediate extraordinary
returns or rewards, adding that “the fulfilment you are bound to get
eventually for being good and honest professionals is immeasurable! I
would urge each and every one of you to rather make this your aim and
focus in life.”

The hardest work about to start
Urging the new lawyers to brace themselves up for hard work, Justice
Wood said “as newly qualified lawyers, your contribution to help build a
credible profession is both demanded and expected. Law must be
responsive to the needs of society, else it ceases to be functional.”
She advised the lawyers to build their capacity to meet the growing
needs of the globalised world, adding that “a legal system that fails to
respond to the needs and developmental exigencies of the society in
which it operates risks being an impediment, rather than a facilitator
of the growth of that society. Even worse, it risks the creation of a
lawless and undisciplined society in which the law is trampled upon and
impunity is given free rein.”
Justice Wood urged them to be problem-solvers and intimated that
“whether you find yourself eventually in academia, politics, on the
bench, in private practice or as an international civil servant, you
would collaboratively be working with others, and strive to find
solutions to the myriads of political, social and economic challenges
crucial to our very survival and development as a nation.”
According to her, the greatest virtue of the law was its flexibility,
adaptability and its responsiveness as “a driver of change from time to
time so that it answers to the growing needs of the hour and order of
the day.”
Justice Wood said for the new lawyers to survive, they were expected to “move heaven and earth to live a life of integrity.”

Standing ovation
Among the newly enrolled lawyers was Mr Albert Frimpong, a visually
impaired, who received a standing ovation from his colleagues for
emerging victorious in their training despite his physical challenge.
Thirteen graduands were given special awards for their outstanding
performance in the various subjects studied, with Ms Hagar Addo emerging
as the overall best student. Eight women were among the award winners.
Justice Wood, the Attorney-General and Minister of Justice, Mrs
Marietta Brew Appiah-Opong, Justices William Atuguba and Julius Ansah,
both Supreme Court Judges, took turns to hand over certificates to the
newly enrolled lawyers.
Justice Atuguba was greeted with a huge applause and cheers when his
presence was announced by the Judicial Secretary, Mr Justice Alex Poku
Acheampong. He acknowledged the applause with smiles.
Former President, John Agyekum Kufuor; his brother, Dr Kwame
Addo-Kufuour, and the Deputy Minister of Education, Mr Samuel
Okudzeto-Ablakwa, whose wife was among the newly qualified lawyers, were
also present.

THE Accra Fast Track High Court has awarded a $730,252.30
judgement against Noble Gold Bibiani Limited, an Australian mining company, for
breach of contract.

It was also ordered to pay GH¢50,000 in cost for receiving,
processing and selling gold tailings supplied to it by the plaintiff, Riasand
Ventures Limited, a private company.

The company is expected to pay interest on the amount with
effect from June 3, 2013 till date of final payment. Interest so far accrued on
the amount is $635,002.

In a summary judgement, the court, presided over by Mr
Justice N. M. C. Abodakpi, said it was satisfied that the plaintiff met its
contractual obligations with the mining company and was, therefore, entitled to
the claims.

“The plaintiff has performed its part of the bargain but the
defendant has failed to discharge its obligations, and the reasons assigned are
untenable. The defendant on the evidence had received the gold tailings,
processed and got gold from it and must satisfy its just debt that it owes the
plaintiff,” the court held.

According to the court, the defendant had failed to show
cause why summary judgement should not be entered against it.

“On the issue of admission of the debt, a party has no
obligation to lead further evidence in proof of a matter or a material fact
that has been admitted as true by its adversary,” the court held in reference
to admission by the mining company in some documents that it owed the
plaintiff.

“The rule of evidence as provided in Section 25 and 26 of
the Evidence Act, NRCD 323, is that the content of a written document made by a
party are presumed conclusively to be true against him/it until the contrary is
proved,” the court stated and maintained that the defendant had failed to lead
evidence contrary to the position of the Evidence Act.

Premised on that, the court was of the opinion that, “this
is a proper case in which final judgement must be entered in favour of
plaintiff and against the defendant.”

Background to the case

In an amended statement of claim dated September 13, 2013,
the plaintiff said in February 2013,it
entered into an agreement with the defendant for the supply of gold tailings
and the haulage of same to the defendant’s destination, for the purpose of
defendant extracting gold from the tailings as part of the defendant’s
operations.

On September 9, 2013 the plaintiff caused to be issued a
writ of summons accompanied by a statement of claim against defendant for
failing to pay for the supply of the tailings and other incidental costs.

Consequently, a motion for summary judgement was issued by
the plaintiff on September 13, 2013 on the grounds that the defendant had no
defence to put up because it had admitted liability and for that reason, it
would serve no useful purpose in having a full trial.

“That where it is clear that a defendant has no defence to a
claim this honourable court has jurisdiction to grant an application for
summary judgement to avoid delays in the prosecution of cases for which reason
we pray that judgement be given in respect of the aforesaid reliefs endorsed on
the amended writ of summons,” the motion for summary judgement indicated.

However, the defendants denied any liability and argued that
there should be a full trial because it had a good defence to put up.

But the court, after taking evidence from the plaintiff and
studying the necessary documents in the case, came to the conclusion that the
mining company was liable.

A Supreme Court judge, Mr Justice Jones
Victor M. Dotse, has advocated the setting up of small claims courts to
cater for the myriad of disputes among litigants.

Those courts, he said, would have to cater for small monetary
claims, disputes among landlords and tenants, compensations, minor civil
claims, land and boundary disputes, succession disputes, among others.

“This
is because there appears to be so much frustration faced by litigants
in small claims of whatever nature that if they lose confidence in the
administration of justice, chaos and anarchy will be the result”, Mr
Justice Dotse stated in a keynote address he delivered at the opening of
the Annual General Meeting (AGM) of the Association of Judges and
Magistrates, Ghana (AMJG) in Accra yesterday.

The theme for the 34th AGM is, “Thinking Ahead, Advocating a Stable and Effective Justice System Through Increased Efficiency”.

Mr
Justice Dotse was delegated by the Chief Justice, Mrs Justice Georgina
Theodora Wood, to give the keynote address at the AGM, which will end on
Friday, October 4, 2013.

Much as he admitted that the judiciary
had performed creditably, he held that, “we can do even much better by
having attitudinal changes in the way we handle our work”.

“One
sure way of increasing efficiency is to eliminate all delay tactics,
avoid acts of favouritism, nepotism, corruption and exhibit a high sense
of honesty, competence, hard work and, above all, humility and respect
for our fellow human beings,” he said.

He urged the judges and magistrates to be abreast of modern technology but advised them not to abuse the use of technology.

President of AMJG

The
President of the AMJG, Sir Justice Dennis Adjei, said the theme for
this year’s AGM was “to enable us to do self-introspection and dialogue
on how to avoid waste in our adjudicative role”.

He said by the
time the AGM ended, judges should be able to find antidotes to problems
such as non-proof of service by bailiffs, unnecessary adjournments and
rigid and very technical rules which ended up promoting multiplicity of
suits and applications.

He said there was the need for the laws
governing the jurisdiction of the lower courts to be reviewed, since
most of those laws were obsolete and did not meet modern trends.

Message from Chief Justice

In
a brief remark, Mrs Justice Wood congratulated hardworking judges and
magistrates on meeting deadlines by submitting their judgements for
analysis.

She reminded them that it was a “must” for them to send
copies of judgements they had delivered at the end of each term for
assessment and evaluation.

The Chief Justice said the Judicial
Service was poised to improve the conditions of service of its employees
and, accordingly, urged all to put in their best to further improve the
administration of justice in the country.

Attorney-General’s message

In
a fraternal message to the judges and magistrates, the Attorney-General
and Minister of Justice, Mrs Marrietta Brew-Oppong Appiah, underscored
the need for a speedy, efficient and effective adjudication of cases
before the courts.

She advocated the application of parameters to ensure an efficient justice delivery system.

Notable
among them are timely decisions on cases, effective monitoring and
evaluation of the courts, adoption of information and communications
technology (ICT), the promotion of alternative dispute resolution (ADR)
mechanisms, as well as the continuous training of judges.

“Let me
conclude by saying that stable and effective justice through increased
efficiency and waste elimination is not the exclusive responsibility of
the judiciary but involves the co-operation of members of the bar,
litigants and court staff, even though a judge is always in control of
proceedings in court,” Mrs Appiah added.

GBA

The
President of the Ghana Bar Association (GBA), Nene Amegatcher, expressed
regret at the attack on some justices of the Supreme Court who presided
over the 2012 presidential election petition and promised that the GBA
would go all out to protect the interest and sanctity of the judiciary.

He
said it was unfortunate that the critics were not making use of the
appropriate forums as stated under the law and that the GBA would
“continue to fight for the rule of law and an independent Judiciary”.

Delivering
the fraternity message on behalf of the Students Representative Council
of the Ghana School of Law, Mr Kwasi T. Oppong-Kyekyeku thanked the
AMJG for the invitation and reiterated his wish for further enhanced
relationship with the association.

Monday, September 30, 2013

Ghana’s first and only crude oil refinery was commissioned 50 years ago today, September 28, 2013, and remains one of the country’s most valuable national assets; though it has not actualised Ghana's first President's vision of becoming the base for the petrochemical industry.Ghana became one of the countries with a crude oil refinery and the sixth largest in Africa in the 60’s. Crude oil, according to Dr Kwame Nkrumah, ‘is the life blood of industry,” and that informed his initiative to set up Ghana's only oil refinery to propel his dream of championing national development through industrialisation.The refinery was known as the Ghanaian-Italian Petroleum Limited (GHAIP) and was solely owned and managed by the Italian group ENI, until 1977 when the Government of Ghana bought all the shares and became the sole shareholder of GHAIP. The refinery was a simple hydro skimming plant with a capacity of 1.25 million metric tonnes. The refinery was a tolling refinery, refining crude oil on behalf of the major Oil Marketing Companies including TOTAL and BP for a fee. Dr Nkrumah during the commissioning of the £8.5 million refinery on September 28, 1963 said it was the government’s intention that “the refinery becomes the vital foundation for the establishment of other industries in Ghana”.The refinery has gone through different phases since its commissioning; with GHAIP being re-named Tema Oil Refinery (TOR) Limited in 1990. Though, a Limited Liability Company, owned by the State, TOR has never been allowed to operate and function as such. True to Nkrumah’s word’s “Government had the final say in determining the prices of the oil products refined”. This concept has prevailed to date. As a result of underpricing (subsidies) which was not paid on time, over the years, sales revenues were not sufficient to pay for Letters of Credit established for crude oil imports and the shortfall had to be funded by the Ghana Commercial Bank through overdraft facilities. The overdraft attracted penal interest charges which accumulated into what is now referred to as the TOR DEBT. Just like numerous industries set up by Dr Nkrumah, most of which are defunct, TOR faces operational and technical challenges. These have impacted on the availability, reliability, efficiency and profitability of the company.The country’s only refinery which produces Liquefied Petroleum Gas (LPG), gasoline, diesel, kerosene, aviation turbine kerosene, naphtha, fuel oil and cracked fuel oil was and is still faced with debts. As a result, many financial institutions saw TOR as a high risk entity.

TOR’s challenges

TOR’s challenges broadly include the unavailability of working capital to procure crude oil consistently, plant and operational inefficiencies and the nature of the old business model. Therefore, the once vibrant refinery has been in the news for the wrong reasons: “TOR on the verge of collapse,” “TOR in tatters,” “Help Save TOR,” “TOR workers leave for Oman, “TOR Shuts Down”, “Aging Plants at TOR”, “TOR lacks working Capital” “Crude Oil on Financial Hold” and TOR on road to recovery” among a host of others.The frequent shutdown of the Crude Distillation Unit (CDU) and the Residual Fluid Catalytic Cracker (RFCC) unit no longer comes as a surprise to many Ghanaians. There have been instances where workers have agitated due to the non-functioning of the processing plants or unavailability of crude oil for weeks and sometimes months.These unplanned shutdowns are attributed to unreliable and unstable utilities among other factors. The shutdowns damage the process equipment designed for continuous operations, safety of personnel and operational efficiency. As a result, plant efficiency is compromised due to depletion of funds for plant maintenance and loss of revenue. The situation has been very frustrating for stakeholders including TOR's management, workers and Ghanaians. The fluctuating crude oil prices on the world market put pressure on the profit margin of refineries worldwide, including TOR. Due to the lack of working capital, TOR is unable to plan its procurement of crude oil, and as a result tend to rely on the Spot market with its attendant risks and challenges to profitability.The problems arising out of debt on the books of TOR in addition to the high interest rates charged by financial institutions, cannot be over-emphasised.What seems to have added to the woes of TOR is the poaching of its skilled personnel by refineries in the Middle East especially in Qatar and Oman, which have become fertile grounds for TOR staff who are being offered lucrative remuneration packages. Despite these challenges, there appears to be some light at the end of the tunnel for TOR.

TOR today

As a result of the many challenges aforementioned, the management of TOR initiated a Plant Stabilisation and Profitability Enhancement Programme (PSPEP) to turn around the fortunes of the refinery. TOR required $67.7 million for this programme based on recommendations from various consultants to fix the processing plants to ensure continuous processing, availability, reliability and profitability. The government released $30 million out of the $67.7 million in December 2012 for the initiatives. The procurement of items is at various stages, while the refinery awaits the balance of $37.7 million to complete the identified projects to ensure the refinery’s operations are efficient and reliable.Under the PSPEP, operational losses, which is one of the bane of the refinery, are being addressed with the installation of Automatic Tank Gauging System (ATGS) and Flow Meters on out and inward bound pipelines to reduce human intervention and ensure accountability of products. The refinery’s three operational boilers which depended mainly on fuel oil which is so expensive and adds to operational cost have been commissioned to use flue gas which otherwise would have been flared. Another initiative geared towards making the refinery more profitable is, the off-gas compressor has also been fixed and awaiting commissioning. This facility will compress off gases generated from the processing units and channel them to be used as fuel for the boilers and furnaces.Aside these laudable actions, the company is also focusing on its human resource retention by training and re-training staff.As part of measures to reduce the risk of non-settlement of credit, TOR has changed its old business model of selling on credit to the Oil Marketing Companies (OMCs). Currently, TOR sells its finished petroleum products to the Bulk Distribution Companies (BDC’s) who post unconfirmed Letters of Credit to reduce the risk of non-payment.

Quality Petroleum Products

With a workforce of more than 700, TOR is noted for its quality specifications in Aviation Turbine Kerosene (ATK) which meets international specifications. The airlines would have had to refuel from their countries of origin adding to high cost of operation. ATK from the refinery has been used to refuel presidential jets including AIRFORCE ONE on three occasions when Presidents Clinton, Bush Jnr and Barack Obama visited Ghana. The refinery has, therefore, replicated this stringent process on other product lines including petrol and gas oil.

What TOR can be

Fortunately, the country joined the league of oil producing countries in June 2007 when oil was discovered in commercial quantities and it will be befitting to fulfil Dr Nkrumah’s charge to GHAIP in 1963 when he directed the company to "purchase and refine the crude oil" in the event Ghana strikes crude oil.In the past, present and successive presidents have had to move from one country to the other virtually on "their knees pleading for crude oil" to be supplied to TOR. Ghana does not have an excuse to go begging for crude oil when crude oil is being shipped from Ghana to buyers abroad. The refinery brings “value addition” to the crude oil found in Ghana in addition to the many wells which are yet to be explored and discovered. The benefits to the economy, industries and employment generation is obvious. Ghana cannot reach the threshold of development if it continues to spend billions of dollars to import finished oil products, rice, cooking oil, chicken, toothpick, tomato puree and many others at the detriment of local industries. TOR must, accordingly, position itself to be able to purchase Ghana's crude to feed its plants.The refinery could be the foundation for any petrochemical venture Ghana intends to embark on. Dr Nkrumah once stated, ‘The refinery should become a vital part for the establishment of other industries to contribute to national development’.While TOR positions itself to expand and improve its infrastructure to ensure reliability of petroleum products on the Ghanaian market and beyond, it should also consider entering into strategic partnership with investors. It would also not be a bad idea for it to float shares on the Ghana Stock Exchange (GSE).TOR is a viable company that should be supported to play its strategic role to enhance the country’s development. The government must assist TOR to be independent. Subsidising petroleum products is not the solution to the country’s oil industry and other areas begging for assistance. The several millions of cedis used in subsidising fuel products, which from experience hardly reach the intended vulnerable group, can be channelled into the provision of quality health care, education and other social amenities for the benefit of millions of Ghanaians whose needs are increasing daily.Writer's email: mabel.baneseh@graphic.com.gh.

A wholly-owned Ghanaian company is embarking on a venture to help meet the growing demand for gas in Ghana.Quantum Power Ghana Gas Limited is currently developing a Liquefied Natural Gas ( LNG) reception, storage, regasification and delivery infrastructure to support LNG imports by industrial scale gas users in Ghana.Upon completion, the company’s initiative will provide adequate and more affordable fuel to power Ghana’s thermal plants which would become the major source of power in Ghana’s energy mix when the country achieves its 5000 megawatts capacity by 2017. LNG is a natural gas (predominantly methane, CH4) that has been converted to liquid form for ease of storage or transport. It permits transportation across longer distances than pipelines.It is odourless, colourless, non-toxic and non-corrosive.The WorkshopConsequently, a two-day workshop organised by the Ministry of Energy and Petroleum in collaboration with Quantum Power Ghana Gas Ltd on LNG negotiations for power producers, industrial gas users and general stakeholders in the gas industry is underway in Accra.It is being run by internationally recognised LNG experts who are leading discussions on global and Atlantic basin LNG markets, commercial and technical agreements involved in establishing an LNG supply chain and key commercial and legal issues that drive LNG supply negotiations.Participants were drawn from 28 public and private institutions in the oil and gas sector of the economy. The participants will be taken through topics such as LNG Basics and the LNG Value Chain, Global and Atlantic LNG Markets, Regasification Terminals, Risk Management and Pricing, Commercial Models, LNG Sale and Purchase Agreements and the way for Ghana LNG. The event is in conformity with the ministry’s agenda of encouraging a creative private-sector-led LNG solution for the country in which power generators could arrange imports of LNG to feed their businesses.Opening the workshop, a Deputy Minister of Energy, Mr John Abu Jinapor, said there was the need to “facilitate investment and provide a clear fiscal and operational regulatory regime around which you can plan and develop LNG businesses,” and accordingly assured that the government had put in place the necessary measures to promote the LNG sector.He said the Energy Commission had developed and published a competitive, fair and transparent licensing regime for investment in LNG regasification facilities, LNG importation and gas distribution while the PURC had set out clear processes for setting energy tariffs. The government, Mr Jinapor explained was “interested in achieving the lowest possible priced LNG, in order to achieve the lowest possible priced power and to make Ghanaian industry increasingly competitive.”He disclosed that the government was therefore supporting the Ghana Grid Company (Gridco) to embark on major projects aimed at addressing the transmission challenges through progressive replacement of over-aged and obsolete equipment and reinforcement of others including the construction of 161kV and 330kV transmission lines, construction of new substations across the country as well as expand some existing substations and the installation of capacitor banks.“Furthermore, the Electricity Company of Ghana and the Northern Electricity Distribution Company are equally being supported to strengthen and improve reliability of the electricity distribution grid,” Mr Jinapor pointed out.

Thursday, September 26, 2013

HAS anyone in the past week paid the newly introduced rates at the Korle Bu Teaching Hospital? If yes, they are entitled to a refund, says the Chairman of the Parliamentary Committee on Subsidiary Legislation, Mr O. B. Amoah.He has accordingly advised the management of the Korle Bu Teaching Hospital to revert to the old service charges since the newly increased fees were “illegal and unconstitutional.”He said persons who had either paid the increased rates on their own behalf or on behalf of their friends and relatives, were advised to request for a refund “without any delay.”But the management of the Korle Bu Teaching Hospital says it inadvertently misconstrued 21 parliamentary sitting days for 21 working days for the implementation of new fees charged at the hospital.It, however, said since the approval of the fees was not in dispute, nothing was going to change as far as the implementation was concerned.The acting Chief Executive of the hospital, Dr David Nortey, who made this known to the Daily Graphic, noted that apart from misconstruing the number of days, the hospital was also not sure when the 21 parliamentary sitting days were to take effect.According to the September 21, 2013, edition of the Daily Graphic, patients were surprised and upset to have been directed by the hospital staff to pay increased service fees without any prior notification.The rate for a new folder for new patients has increased from GH¢9 to GH¢16, while charges for laboratory services have shot up to between 40 and 100 per cent.A source at the hospital informed the Daily Graphic that Parliament had given approval to the new rates proposed by the hospital through the Ministry of Finance and Economic Planning (MOFEP).

Unconstitutional Rates

Appalled at reports that the hospital began charging the new rates from September 17, 2013, Mr Amoah said in an interview with the Daily Graphic that “the hospital is charging the fees illegally.”That, according to him, was because Parliament was yet to approve the rates submitted by the MOFEP on behalf of the hospital and 28 other government institutions, including the Driver and Vehicle Licensing Authority (DVLA), the Lands Commission and the Road Safety Commission.He said the Legislative Instrument L..I. 2206 titled Fees and Charges (Amendment Instrument 2013) for the various institutions were submitted on their behalf by the MOFEP on July 19, 2013.Other institutions seeking an upward adjustment in the services they render to the public are the Food and Drugs Authority (FDA), Ghana Standard Authority (GSA), the Ghana Free Zones Board, Registrar General’s Department, Births and Deaths Registry, Parks and Gardens and the Gaming Commission.The Public Records and Archives Administration (PRAAD), the Postal and Courier Services Regulatory Commission, the National Identification Authority and the Narcotics Control Board (NACOB)) among others are also pleading with Parliament to approve their new rates.Mr Amoah indicated that the L.I., which sought for new rates, was laid six days before Parliament went on recess and that Parliament would resume in the last week of October, 2013 after which the 21-day mandatory period for the maturity of legislative instruments would have been due.Article 11 (7) of the 1992 Constitution states that "Any Order, Rule or Regulation made by a person or authority under a power conferred by this Constitution or any other law shall: (a) be laid before Parliament(b) be published in the Gazette on the day it is laid before Parliament and (c) come into force at the expiration of twenty-one sitting days after being so laid unless Parliament, before the expiration of the twenty-one days, annuls the Order or Regulation by the votes of not less than two thirds of all the members of Parliament.”That, according to Mr Amoah, who is also the New Patriotic Party (NPP) Member of Parliament for Akuapem South, was a clear indication that “it is left with 15 sitting days for the L.I. to mature. In any case, Parliament can annul the said L.I. before the mandatory 21 days elapses.”

Message to Korle Bu Management

Pointing out that laying a legislative instrument before Parliament did not mean an automatic approval, Mr Amoah, consequently, urged the management of the hospital to return to the old fees while it awaited parliamentary approval for full implementation.“Parliament has not approved it. You cannot use the laying as an excuse to change fees. What the hospital’s management has done and is doing is unconstitutional. Those who have paid the new charges are entitled to a refund,” Mr Amoah emphasised.He also urged the remaining 28 government organisations to desist from charging the new rates until their various instruments were passed by Parliament.

Korle Bu's Response

According to Dr Nortey, the reversal of the new fees was going to be a challenge since the implementation of the new fees came with the activation of a complex Information Technology software that was linked to the payment of fees at the hospital.Korle Bu, he said, was a law-abiding institution which went through the normal processes and institutions including the Ministry of Health, Ministry of Finance and Economic Planning and the Parliament to get approval for the new fees.Dr Nortey said the new fees were necessary because the hospital had for the past six years not review its fees although the prices of inputs and goods and services had gone up.“This is not a unilateral decision and Korle Bu was part of 29 institutions that made a case for the upward review of fees,” he said, and dismissed the argument that Korle-Bu was fleecing patients.The decision to increase fees, he said, was to provide quality healthcare to Ghanaians.“Korle Bu is law abiding and there is no way Korle Bu would fleece patients.

Fact Sheet• Some patients at the Korle Bu Teaching Hospital are upset at the increased rates for services because they had not been notified.• There has not been any increment in laboratory and other services at the hospital since 2006.• A total of 29 governmental institutions have placed various Bills before Parliament for approval.